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Green v. Clingman

United States District Court, D. New Mexico

March 14, 2019

LEWIS GREEN, Plaintiff,
v.
STEVE CLINGMAN and SEELY OIL COMPANY, [1] Defendants, and STEVE CLINGMAN, Counterclaimant,
v.
LEWIS GREEN, Counter-defendant.

          SCHEDULING ORDER

          STEPHAN M. VIDMAR, UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held on March 14, 2019. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 17] is adopted, except as modified below. The Court will permit discovery as follows:

1. 20 Interrogatories by each party to any other party;
2. 20 Requests for Production by each party to any other party;
3. No limit on the number of Requests for Admission served by each party at this time;[2]
4. 7 depositions per side;
5. Depositions limited to 7 hours of questioning on the record unless extended by agreement of the parties.

         In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in compliance with the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. § 473(a)(1), this case is assigned to a “standard” (150-day) track classification. The Court sets the following case management deadlines:

Plaintiff[3] moves to amend the pleadings or join additional parties by[4]:

April 25, 2019

Defendant moves to amend the pleadings or join additional parties by4:

May 9, 2019

Plaintiff discloses experts and provides expert reports or summary disclosures by[5]:

June 12, 2019

Defendant discloses experts and provides expert reports or summary disclosures by5:

July 12, 2019

Termination of discovery:

August 12, 2019

Motions relating to discovery filed by[6]:

September 3, 2019

Pretrial motions other than discovery motions filed by:

September 12, 2019

Proposed Pretrial Order due from Plaintiff to Defendant by:

October 28, 2019

Proposed Pretrial Order due from Defendant to Court by[7]:

November 12, 2019

         Discovery shall not be reopened, nor shall case management deadlines be modified, except by an order of the Court upon a showing of good cause. Discovery must be completed on or before the discovery deadline. Accordingly, service of written discovery is timely only if the responses are due prior to the discovery deadline. A notice to take deposition is timely only if the deposition takes place prior to the discovery deadline. The pendency of dispositive motions does not stay discovery.

         IT IS SO ORDERED.

---------

Notes:

[1] Though Plaintiff spells Defendant Seely Oil Company's name incorrectly as “Seeley” in his original Complaint, see [Doc. 1]; [Doc. 6], he correctly identifies Defendant as “Seely” in his Amended Complaint. [Doc. 4]. Moreover, though the Amended Complaint's caption does not list Seely Oil Company as a defendant itself, Plaintiff's counsel made clear at the January 8, 2019 Status ...


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